· 9/4/2009
Estate of Kirkpatrick v. City of Olathe
Citations
- 215 P.3d 561
- 289 Kan. 554
- 2009 Kan. LEXIS 839
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- containing a separate analysis for award of attorney fees and consequential damages
- To succeed on a claim for inverse condemnation, a party must establish that a taking has occurred.
- \damage must be substantial and must be the planned or inevitable result of government action undertaken for public benefit\
- \The question of whether there has been a compensable taking is one of law.\
- inverse condemnation action; recognizing “right of access” is distinct from the “regulation of traffic flow” or “circuity of access” and “right of access” applies only to and from abutting public roads or highways
- \The conclusion that compensation is only required where a transfer of property rights has occurred or where property damage is needed to complete a public improvement project is not based in the language of the EDPA.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, McFarland, Luckert, Hill, Larson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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